CONTRACT OF CARRIAGE What is carriage of

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CONTRACT OF CARRIAGE CONTRACT OF CARRIAGE

What is carriage of goods all about? Transport service: carriage of goods from A What is carriage of goods all about? Transport service: carriage of goods from A to B o Who needs this service? – The parties to a distance sales contract – Others that want goods transported o The parties to a sales contract are different from the parties in a contract of carriage o

Documents o o o Air waybill Bill of lading, sea waybill Railroad waybill Truck Documents o o o Air waybill Bill of lading, sea waybill Railroad waybill Truck waybill Ticket

What is a Contract of Carriage? At sea: a contract to perform transportation services What is a Contract of Carriage? At sea: a contract to perform transportation services by ship or to make a ship´s transportation capacity available o Liner trade, general cargo carriage (Send a package/take the bus) – Carriage of goods from one port to another. Often contracts with several cargo owners – The freight documents: Bill of lading or sea way bill o Voyage charters, quantity contracts and time charters (rent a bus/take a taxi) – A ship is contracted out on a voyage or time charter. The charterer takes care of the commercial management. – The contracts: Voyage or time charter party o

The parties in the Contract of Carriage (of General Cargo) – Contracts of Carriage The parties in the Contract of Carriage (of General Cargo) – Contracts of Carriage of General Cargo, Carrier Sender – Voyage and time chartering, o Carrier/Owner o Charterer

The parties and others The shipper; not part of the contract • The receiver, The parties and others The shipper; not part of the contract • The receiver, not party to the contract o The sub carrier (performing carrier) o

The freight documents Issued as evidence of the contract of carriage – Bill of The freight documents Issued as evidence of the contract of carriage – Bill of lading (negotiable) – Sea way bill (not negotiable) o The bill of lading – Acknowledgement that goods of a certain nature and quantity have been received (receipt) – A promise to transport the goods – A document of title (only the person in possession of the bill of lading can obtain delivery) o

The Bill of Lading Signed by the carrier, or person acting on behalf (master) The Bill of Lading Signed by the carrier, or person acting on behalf (master) o Evidence of transport agreement between the line and the cargo owner – Booking note – Delivered without any formal preliminary contact o ”Through” bill of lading Combined documents/multimodal transport o

Sea waybill Evidence that the carrier has received the goods o Evidence of a Sea waybill Evidence that the carrier has received the goods o Evidence of a contract carriage by sea o Promise to deliver the goods at their destination – Not negotiable o

Historical and international background Freedom of Contract misused by European shipowners – Exclusion clauses Historical and international background Freedom of Contract misused by European shipowners – Exclusion clauses and limitation of liability o USA Harter Act 1893 – make American law applicable to Atlantic trade o International compromise: – Bill of Lading Convention - Haag Rules (Brussels 1924) – Haag-Visby Rules (1968) – Hamburg Rules (1978 - 1992) -----------------------o UNCITRAL; the 'United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea” o Adopted by the UN General Assembly On 11 December 2008 o Signed in Rotterdam, 20 -23 September 2009 o Known as the "Rotterdam Rules". o

Rotterdam Rules This new Convention extends and modernizes the existing international rules relating to Rotterdam Rules This new Convention extends and modernizes the existing international rules relating to the contract of maritime carriage of goods. o The aim: o replace the Hague Rules, the Hague-Visby Rules and the Hamburg Rules o achieve uniformity of law in the field of maritime carriage, as well as provide for modern industry needs in terms of door-to -door carriage. o http: //www. uncitral. org/uncitral/en/uncitral_texts/transport_g oods/2008 rotterdam_rules. html o http: //www. rotterdamrules 2009. com/cms/index. php o

The content of a bill of lading The document contains: - evidence of an The content of a bill of lading The document contains: - evidence of an agreement of carriage by sea - evidence that the sender has received or loaded the cargo - the words ”bill of lading” or make it apparent that delivery will only take place on presentation of the bill o

The content of a bill of lading o o o the nature of the The content of a bill of lading o o o the nature of the goods their dangerous properties the necessary identification marks the number of packages or pieces and the weight All as stated by the shipper o the apparent condition of the goods and packaging If this is missing, in apparent good order and condition

The content of a bill of lading Shipped billl of lading must contain: – The content of a bill of lading Shipped billl of lading must contain: – Nationality and name of the ship – Place of loading and the date when the loading was completed o The bill of lading must be signed – By the carrier or someone on his behalf: The master; ”principal” (owner)/”carrier” – By someone who has been given the authority: An agent o

Sea waybills o o o Not negotiable documents The presentation of the original document Sea waybills o o o Not negotiable documents The presentation of the original document is not a pre-condition for delivery Evidence of a contract of carriage Acknowledges that the goods have been received Contains an undertaking by the carrier to deliver the goods to the consignee named in the document

The content of a sea waybill – Information about the goods – The name The content of a sea waybill – Information about the goods – The name of the sender, consignee and the carrier – The terms of the carriage – The freight and other expenses o According to the preparatory work – The place of shipment and delivery – Whether the goods can or shall be loaded on deck o Exceptions are accepted o The sea waybill shall be signed

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